Browsing: Investigations & procedural fairness | Page 5 (478 items)

An employer criticised for failing to undertake "even the most basic level of investigative analysis" has been ordered to reinstate an employee it sacked for misconduct.

It was "incumbent" on an employer to investigate allegations an employee had been spreading rumours at work, but its process was "most inappropriate", and caused a psychological injury, a commission has ruled.

An employee who was not given a reasonable opportunity to defend himself against "very serious" misconduct allegations has won maximum compensation for unfair dismissal.

Two managers treated an employee in a "high handed, hostile way", manifesting in an unfair disciplinary process, the Federal Court has found in upholding her adverse action claim.

An HR manager has been criticised for giving "poor" advice that an employee should be sacked for breaching an "inherent requirement" of his position description.

An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay.

A rise in employees "weaponising" bullying allegations for strategic reasons now requires a more measured response from HR, according to an employment lawyer.

An employee's choice of support person can make the difference between a fraught process and a smooth one, but confusion abounds about what constitutes an appropriate support person, and the role they're meant to play, a lawyer says.

The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.

An employee who was threatened and assaulted by another worker has been awarded compensation for a psychological injury, after a commission found the employer's investigation into the incident was unreasonable.